Search Results

1. TR Environmental Law Conference Judge Newhook Paper [pdf, 156 KB]

   ...this section. (3) Each person required to participate in an ADR process must – (a) be present in person; or (b) have at least 1 representative present who has the authority to make decisions on behalf of the person represented on any matters that may reasonably be expected to arise in the ADR process. (4) A party to the proceedings may apply to the Environment Court for leave not to participate in the ADR process. (5) The Environment Court may grant leave if it conside...

2. Family Lay Advocate and Court Registry Handbook [pdf, 579 KB]

   ...Courts in New Zealand. The Family Court helps New Zealanders with family problems. The Court deals with a wide range of family relationships, from children who have not yet been born through to older people who need care and protection. One of the matters which the Family Court deals with involves cases where the State, through the Ministry for Children – Oranga Tamariki (Oranga Tamariki), forms the belief that a child is in need of care and protection. Family Court Judges have legal an...

3. FDR Operating Guidelines [pdf, 713 KB]

   ...relating to the care of children (including guardianship) can go to FDR. Generally, this is parents who are separating but sometimes it may involve extended family/whānau. The disputes are usually about day-to-day care/contact or guardianship matters arising under the Care of Children Act 2004 (CoCA). It’s recommended that parties complete the PTS course first, or at least complete a parenting plan, and seek legal advice before attending FDR. Parties can attend FDR if they’re:...

4. GJ v Secretary for Justice [2021] NZRA 003/2020 (25 February 2021) [pdf, 176 KB]

   ...reaching that decision, the Secretary adopted the recommendations of the Selection Committee that: [i] GJ obtain further experience in Criminal PAL3 proceedings; [ii] GJ obtain further appellate experience in Court of Appeal and Supreme Court matters; [iii] GJ, in order to be approved as a criminal PAL3 and Court of Appeal and Supreme Court provider, should show an ability to confidently lead a proceeding from start to finish unassisted. [4] The applicant seeks a review of the...

5. [2007] NZEmpC AC 49/07 Landmarx Developments (NZ) Ltd v Raman [pdf, 44 KB]

   ...validating the thing so informally done. … [3] The discretion conferred by s219 is not subject to any statutory criteria but must be exercised judicially, in accordance with established principles and the fundamental principle is the interests of justice see the judgment of Judge Couch, cited by Ms Davis, An Employee v An Employer unreported, 15 May 2007, CC 8/07. [4] Both parties cited Day v Whitcoulls Group Ltd [1997] ERNZ 541 which has been adopted in a number of decision...

6. Infringement governance guidelines [pdf, 84 KB]

   ...notice is a proportionate response to offending, which avoids the formality of court proceedings and does not impose a full criminal penalty. 7. The system involves both benefits and trade-offs for the prosecuting agency, the defendant and the justice system. a. The prosecuting agency does not have the cost of bringing court proceedings or of proving the elements of the offence. However, by using an infringement notice, it reduces the penalty level imposed and, 2 through...

7. W v Secretary for Justice [2023] NZRA 003 (5 May 2023) [pdf, 225 KB]

   REVIEW AUTHORITY NEW ZEALAND [2023] NZRA 003 Applicant: W Respondent: Secretary for Justice Date of Decision: 5 May 2023 ___________________________________________________________________ DECISION ___________________________________________________________________ The Applicant [1] The Applicant worked as a judge’s clerk for approximately 10 months immediately before he was admitted as a barrister and solicitor of the High Court. He continued w...

8. Policy Framework for New Infringement Schemes [pdf, 84 KB]

   ...notice is a proportionate response to offending, which avoids the formality of court proceedings and does not impose a full criminal penalty. 7. The system involves both benefits and trade-offs for the prosecuting agency, the defendant and the justice system. a. The prosecuting agency does not have the cost of bringing court proceedings or of proving the elements of the offence. However, by using an infringement notice, it reduces the penalty level imposed and, 2 through...

9. [2009] NZEmpC WC 28/09 Secretary for Justice v Dodd [pdf, 29 KB]

   SECRETARY FOR JUSTICE V DODD WN WC 28/09 22 December 2009 IN THE EMPLOYMENT COURT WELLINGTON WC 28/09 WRC 52/09 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND IN THE MATTER OF an application for stay of execution of order for reinstatement in employment BETWEEN SECRETARY FOR JUSTICE Plaintiff AND CATHERINE ANNE DODD Defendant Hearing: 21 December 2009 (by telephone conference call) Appearances: Alastair...

10. OIA-114187.pdf [pdf, 6.2 MB]

    Justice Centre | 19 Aitken Street DX SX10088 | Wellington T 04 918 8800 | F 04 918 8820 ContactUs@justice.govt.nz | www.justice.govt.nz 13 September 2024 Our ref: OIA 114187 Tēnā koe Official Information Act request: Policy Programme Thank you for your email of 18 July 2024 requesting under the Official Information Act 1982 (the Act). Specifically, your requested: Copies of the Ministry of Justice Policy Work Programme since 27 November 2023 to date. On 15 August 202...